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(영문) 청주지방법원 2017.03.31 2016고단1571

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 14, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court, and on December 10, 2013, the Defendant received a summary order of KRW 4 million for the same crime at the same court.

[2] On May 30, 2016, Defendant 1, who was punished twice or more due to drinking driving, was under the influence of alcohol content of 0.095% from blood transfusion around May 30, 2016, driving Bbee or car from around the agricultural and fishery products market in Cheongdong-dong in Cheongdong-dong in Cheongju-gu to about 2 km in front of the Gu petition rate of 8 at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and report on the circumstances of driving a drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da

1. Article 62(1) of the Criminal Act on the suspension of execution (the above favorable circumstances);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;